OHTA.ca

Hi All,

Never even heard of this ticket before. He was pulled over on Muskoka Rd 38 which is a two lane country road in Cottage country.

The officer asked him why he was out and he said they (4 total, two couples) were going into town for lunch, the officer said he didn't think they would leave the cottage to go for lunch.... they do this all the time....

Anyway, he was pulled over, after the officer did a u turn, because the officer thought his car was too lowered, turns out it wasn't and his tires were fine as well then the officer said wait a minute and came back with the ticket for failure to obey sign.

This is a country road with no stop signs, no lights, not really any signage except speeding limits and sharp corner warnings.

Anyone have ideas on what he should do? Don't want the points as he is 23 and really affects his insurance.

Obviously, your son needs to get disclosure so that he knows what sign he is being accused of disobeying. The offence of Disobey Sign definitely does exist---it is under section 182(2); the set fine is $85 (plus $20 surcharge +$5 court cost), and carries 2 demerit points.

Keep in mind that even 'speeding' can be considered a 'disobey sign' when you disobey the speed limit sign. This offence is also common when the driver makes a U-Turn where prohibited, disobeys a no-turn sign or lane restriction sign, drives a truck on a road with a No Trucks sign, doesn't stop at a stop sign, etc. You'd be amazed how many signs it applies to and how many exist on country roads!

As it is unlikely a Prosecutor would lower that offence to anything else, its probably best if you simply request a trial right away (instead of an early resolution meeting). After all, if you were to seek an early resolution meeting, you'd likely receive your disclosure right there and not have much time to prepare anything to negotiate with. By simply choosing the trial option, you'll have time to review the evidence (i.e. request in writing disclosure as soon as you receive your Notice of Trial), and can then always decide whether you still wish to fight it or simply just pay the fine.

So, I suggest you choose Option 3 (Request a Trial) and deliver it. Then, wait for your Notice of Trial and request your disclosure (in writing).

Thanks Highwaystar, we will be requesting a trial, maybe we will get lucky and the guy wont show up. He couldn't have witnessed him doing anything as he pulled a u turn to stop my son .... we plan to drive the route on the weekend to see what possible signs there could be and to record it so we could play it in court if necessary.

Some people seem to think this is what they give you if they don't like you.

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